Ujagir Ram Dusadh @ Ujagir Dusadh @ Ujagir Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7430 of 2019 ====================================================== Ujagir Ram Dusadh @ Ujagir Dusadh @ Ujagir Ram Son of Late Marai Paswan Resident of Village/Mohallah-Chaugain, P.O.-Chaugain, Police Station-Murar, Block-Chaugain, District-Buxar (Bihar). ... ... Petitioner/s
Versus
1.
The State of Bihar through the Secretary, Food and Civil Supply, Government of Bihar, Patna.
2.
The District Magistrate, Buxar (Bihar).
3.
The District Supply Officer, Buxar (Bihar).
4.
The Sub Divisional Officer, Dumraon, District-Buxar (Bihar). 5.
The Block Supply Officer, Chaugain, District-Buxar (Bihar). 6.
The Supply Inspector, Chaugain Block, District-Buxar (Bihar). ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gajendra Nath Ojha, Adv.
For the Respondent/s :
Mr. Arvind Ujjwal ( Sc4 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 06-02-2024
1. Learned counsel for the petitioner has stated that the petitioner has given a representation to the authority concerned for attaching his shop to some other P.D.S. Dealer on the ground of his ill health, however, the authority has gone ahead and cancelled the license of the petitioner. Learned counsel has state that subsequently the petitioner has regained his health and given a representation to the authority concerned for reappointment as a P.D.S. Dealer, however, the authorities have not taken any action on the said representation made by the petitioner. Therefore, left with no other alternative, the petitioner
Patna High Court CWJC No.7430 of 2019(2) dt.06-02-2024 2/3 is approached before this Hon'ble Court.
2. Per contra, the learned counsel appearing on behalf of the respondents has stated that the petitioner himself has given a representation to cancel his license and on the basis of the said representation only, the authorities have taken action. Learned counsel has stated that the representation given by the petitioner in Annexure- 6 and 7 do not bear any signature of the authority in proof of having received the same nor any proof of filing the same before the said authority has been enclosed along with the C.W.J.C. Learned counsel has, however, fairly stated that the petitioner may be directed to give a fresh representation to the authority concerned and the authority may be directed to take a decision on the said representation.
3. Having regard to the above made submissions without going into the merits or demerits of the case, the present writ petition is disposed of with a direction to the petitioner to give a fresh representation to the Sub-Divisional Officer (Respondent No. 4) ventilating his grievance within a period of four weeks from today and on such representation being given, the Sub-Divisional Officer shall consider the same on its own merits and pass a reasoned order. It is needless to mention that before passing any order, the petitioner shall be given an
Patna High Court CWJC No.7430 of 2019(2) dt.06-02-2024 3/3 opportunity of hearing. The entire exercise shall be completed as expeditiously as possible preferably within a period of eight weeks from the date of receipt of the representation by the petitioner. Any order passed shall be communicated to the parties.
4. With the above directions, the present writ petition stands disposed of.
(A. Abhishek Reddy , J) Gauravkr/- U